Police Department Policy

iii-09-TowingAndImpoundingVehicles

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (06/10/2021 ) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER (INSTRUCTIONAL ORDER) Subject: TOWING AND IMPOUNDING VEHICLES Index as: Hold Harmless Agreement Towing Vehicles Impounding Vehicles TraCS Inventorying Vehicles Traffic and Criminal Software (TraCS) Tow Form Vehicle Impound/Inventory Report Accreditation Standards: 1.2.3, 61.1.11, 61.4.1, 61.4.3 , CFA 18.13 Cross Reference: G.O. III -14, Evidence I.O. V.5:12, Civil Forfeiture Cases -Seizure/Forfeiture Procedures City Code Section 25 -41, 26-47 and 26 -131 §316.1951, §322.34 and §713.585, F.S.S. Replaces: G.O. III-9, Towing and Impounding Vehicl es (August 28, 2017 ) This Order details the authority, responsibility and procedures for towing and impounding vehicles. It consists of: A. Responsibility B. Authority to Impound Vehicles C. Towing a Vehicle D. Arrest of Operator E. Special Impound Situations F. Inventory/Search Procedures G. Report Requirements H. Release of Vehicles I. Notification Requirements I. RESPONSIBILITY A. It is the respo nsibility of the investigating O fficer to impound all vehicles as required by law and to complete the Vehicle Tow and Storage Receipt f orm in the Traffic and Criminal Software (TraCS) system (Tow Form) (Attachment D ). 1. The following information must be included on the tow form in TraCS: a. Time; b. Date; c. Location the vehicle was towed from; d. Requesting Officer ; e. Reason for removal or tow; f. Towing service name; g. Location to which the vehicle was towed . 2. When the impoundment is pursuant to an ordinance or statute, the appropriate ordinance or statute number shall be included as part of the “Reason”; i.e., “Unsafe -Not in Proper Condition, Ord. 26 -46(3)” or “Abandoned Vehicle, Ord. 26-47.” DATE OF ISSUE EFFECTIVE DATE NUMBER August 2017 Immediately III-09 Distribution: All Employees General Order III -09 Revisions or additions are highlighted 2 (06/10/2021 ) 3. The owner’s name and full address, if different from any driver, shall be included in the report and on the Tow Form. B. Records and Evidentiary Services , Information Desk personnel shall release impounded vehicles when the Officer has indicated when the vehicle is released in TraCS and the requirements, as detailed in this Order, are met. II. AUTHORITY TO IMPOUND VEHICLES A. Designated police personnel are authorized by City Code Section 26-47 to immediately remove a vehicle from a street to the nearest garage or other place of safety or to a garage designated or maintained by the City when: 1. Any vehicle is left unattended upon a street and the vehicle constitutes an obstruction to traffic. 2. A vehicle on the street is so disabled as to constitute an obstruction to traffic, or the person in charge of the vehicle is, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody and removal. 3. A vehicle is found being operated on a street, and it is not in a safe operating condition. 4. Any vehicle is left unattended on a street, is parked illegally, and constitutes a definite hazard to the normal movement of traffic. 5. Any vehicle is left unattended on a street continuously for seventy -two ( 72) hours and may be presumed to be abandoned. Factors which shall be considered when determining abandonment are: a. The vehicle is not registered to a nearby residence; b. Deflated or missing tire(s); c. Unlocked doors; d. Visible items in vehicle; e. Ownership cannot be determined; f. Expired or missing license tag; g. Overall appearance of v ehicle (condition, including cleanliness of paint); and h. The length of time vehicle has been unattended. 6. The driver of a vehicle is taken into custody by the Police Department, and the vehicle would thereby be left unattended on the street. 7. A vehicle is upon a street and the removal is necessary in the interest of public safety because of flood, fire, storm, other emergency reasons, or along posted parade routes (C.O. 25 -42). 8. A vehicle is parked in a tree line or right -of-way that has not been designated for parking and has been ticketed for at least twenty -four (24) hours. 9. When a vehicle is unlawfully displayed for sale, hir e, or rental in violation of § 316.1951, F.S.S . a. A violation of this subsection will subject the owner of such vehicle to a citation a nd a fine as required by §318.18 , F.S.S. b. A Police Officer should affix a Warning N otice to the vehicle providing the vehicle's owner with twenty -four (24) hours to correct the violation, unless the same vehicle owner has : 1) Received an other Warning Notice within a twelve ( 12)-month period, 2) The parked vehicle endangers public safety or constitutes a hazard, the

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